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2001 Supreme(AP) 845

BILAL NAZKI, S.B.SINHA, V.V.S.RAO
Mahavir Timber Merchant – Appellant
Versus
Government Of A. P. – Respondent


S. B. SINHA, C. J.

( 1 ) THE vires of sub-rule (6) of Rule 7 of A. P. Forest Saw Mill (Regulation) Rules, 1969 inserted by G. O. Ms. No. 99, Environment, Forests, Science and Technology (For. III) dated 17-7-1998 is questioned in this Writ Petition.

( 2 ) THE petitioner is a partnership firm and is a licence holder under the provisions of A. P. Saw Mill (Regulation) Rules,1969 (for short "saw mill Rules" ). It is engaged in the trade of saw mill-cum-timber business. The activity of the firm is to obtain logs from Government timber depots at different places and to cut the same as per the requirements of the customers.

( 3 ) BY reason of the aforesaid amendment sub-rule (6) has been inserted in the regulations, which reads thus : when timber is brought for conversion to sawmill premises, the licence holder should retain the original permit and issue From-II permit or Form-IV permit under the A. P. Forest Produce Transit Rules, 1970 as the case may be, to the timber owner along with a photocopy of original permit.

( 4 ) THEREFORE, by reason of the above provision, when timber is brought for conversion to sawmill, while retaining the original permit of the timber, it was obligatory on















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